Moorosi Tsiane
THE non-payment of lawyers representing accused persons in high profile cases, on a pro deo basis, is hindering their progress.
High Court Judge, Charles Hungwe, who is handling some of the cases, has been forced to postpone the murder trial of former Hlotse Police Station commander, Senior Superintendent (SSP) Thabo Tšukulu, due to the non-payment of the latter’s defence lawyers.
SSP Tšukulu and three others police officers are charged with the murder of Police C onstable (PC) Mokalekale Khetheng in 2016.
Advocate (Adv) Karabo Mohau KC had been appointed on a pro deo basis (at the State’s expense) to represent SSP Tšukulu, while Adv Zwelakhe Mda KC represents Superintendent Mathibeli Mofolo, Inspector Mabitle Matona, and Police Constable Haleokoe Taasoane.
The trial, which was scheduled to resume on Monday, was delayed when defence lawyers requested a meeting with Justice Hungwe in his chambers. Following the meeting, the judge postponed the matter to Wednesday (yesterday) to allow time for the lawyers to resolve their payment issues with the Registrar of the Appeal Court and High Court, Adv ‘Mathato Sekoai.
However, on Wednesday, after another meeting between the parties in Justice Hungwe’s chambers, Director of Public Prosecutions (DPP) Hlalefang Motinyane informed the court that both sides had agreed to postpone the case to next Monday.
In an exclusive interview with the Lesotho Times, one of the defence lawyers, speaking on condition of anonymity, confirmed that they would not continue with the case until their fees had been paid.
“We were last paid in January this year. These cases take up a lot of our time, and we are paid far less than the prosecutors. It’s only fair that we receive our payments so we can afford to run our chambers and pay our staff,” the lawyer said.
He also expressed concern that their clients remained in custody while the government appeared indifferent to their plight.
Efforts to obtain a comment from Adv Sekoai were unsuccessful, as she referred the Lesotho Times to the judiciary spokesperson, ‘Mabohlokoa Mapikitla, who said she was on sick leave.
This is not the first time lawyers have boycotted a case. In August, Advocates Mohau KC, Letuka Molati, Napo Mafaesa, and Rasekoai Thoahlane halted proceedings in the trial of former army commander Tlali Kamoli and four other soldiers charged with attempted murder over the 27 January 2014 bombings of the home of former First Lady ‘Maesaiah Thabane and the residence of then-police commissioner Khothatso Tšooana.
Kamoli is charged alongside Major Pitso Ramoepana, Captain Litekanyo Nyakane, Sergeant Malefane Heqoa, and Corporal Mohlalefi Seitlheko. The defence team consists of Advocates Mohau KC, Molati, Mafaesa, and Thoahlane.
After several unsuccessful attempts by the defence to secure a payment commitment from Adv Sekoai, Justice Hungwe, who is also presiding over this matter, had no choice but to postpone it to 14 April next year.
